Q: Would court object to Mom relinquishing all parental rights under these circumstances?
Dad & Mom have joint legal custody of son who is 14. Dad has full physical custody. Mom has limited visitation (not overnight), on a Consent Temporary Order that has been in place for about 18 months. Before the Temporary Order, Mom had primary physical custody. Mom is currently in jail for several months – DWI and Serious Injury by Vehicle (felony). Clearly Mom will not get primary physical custody again. Child saw Mom very seldom before her incarceration (both Mom’s and Child’s choices). Dad would like to “make a complete break” and have Mom relinquish all parental rights. If Mom agrees to do so, is the court likely to have any serious objection? Dad does not object to Child seeing Mom (but not overnight) when and if the Child wants to and if Mom is agreeable to it. He simply does not want Mom to have any “legal claim” on the child in any way. Dad has not remarried. Dad would not seek child support. Mom would not have any ability to pay, anyway.
A: It's difficult to answer this question without knowing all the facts in detail to your case. Only the judge, after reviewing all of the facts, can answer this question. There usually has to be a very compelling case against a mother to remove all parental rights. You should consider consulting with an attorney who can review your case in detail and help you plan the proper course of action. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com
A: What's the procedural posture of this case? When's the next hearing? There are some really complex legal issues here. Good idea to address these issues now while she's yet incarcerated. An attorney will be able to give him options and a course of action.
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